04-316Sc,�s � �/2$�0�
Council File # O � J I��
Ordinance #
Green Sheet #� � S� S(
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
i,oinuurcee uate
An administrative ordinance establishing procedures for city �
employees relative to the immigration status of persons seeking
city employment or services.
0
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
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That the Saint Paul Administrative Code be amended by adding thereto a new Chapter 44
to read as follows:
CHAPTER 44. EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS
44.01. Purpose and policy statement. This ardinance clarifies the communication and
enforcement relationship between the cit7 and the United States Department of Homeland
Security ("Homeland Security") and other federal agencies with respect to the enforcement of
civil immigration laws. The city works cooperatively with Homeland Security, as it does with all
state and federal agencies, but the city does not operate its programs for the purpose of enforcing
federal immigration laws. Homeland Security has the legal authority to enforce immigration
laws in the United States, in Minnesota and in the city. It is the policy of the city to respect the
role of Homeland Security by avoiding pro-active enforcement of civil immigration laws. This
ordinance is not intended to limit the proper enforcement of generally applicable laws. It is the
policy of the City of St. Paul that a11 residents are equally entitled to protection and that all
residents should be able to access city services to which they are entitled, without regard to their
immigration status under federal law.
44.02. General city services. (a) To the extent permitted by law, in determining eligibility for,
and providing general city services, city employees shall be governed by the following
requirements:
(1) City employees are to cany out their regular duties for the purpose of
administering general city services and program. Employees may complete I-9
forms, may question a person regazding the I-9 form and documents supporting
the I-9 form, and may a11ow Homeland Security to audit the I-9 forms as allowed
by law. With the exception of inquiries allowed by law or as necessary for law
PU�15HEp
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enforcement purposes, no St. Paul city officer or employee should inquire into the
immigration status of any person or request any documents or information
verifying the immigration status of any individual. Employees shall comply with
any properly issued subpoena for the production of documents or witnesses, even
if related to imn7.igration issues or issues of Homeland Security.
(2) City employees shall follow general city, state and federal guidelines to assess
eligibiliTy for services. City employees shall only solicit immigration information
or inquire about immigration status when specifically required to do so by law or
program guidelines as a condition of eligibility for the service sought. City
employees may require evidence of a person's identity and may ask to see a
person's personal identifying documents only when specifically authorized and
required to do so by the employee's work duties. Information about immigration
status in the possession of or known to City employees and representatives,
however received, shall not be maintained or recorded except as othercvise
specifically required by law. The confidetttiality of such inforxnation shall be
maintained to the fullest extent permitted by the laws of the United States and the
State of Minnesota, including the obligation to maintain the confidentiality of
personal information under the Minnesota Government Data Practices Act. City
employees shall not discriminate against any current or potential service users on
the basis of any of the protected categories listed in the city's huxnan rights
ordinance, Legislative Code Chapter 183,02 (5), or on the basis of immigration
status.
(3) Other than complying with lawful subpoenas, city employees and representatives
shall not use city resources or personnel solely for the purpose of detecting or
apprehending persons whose only violation of law is or may be being
undocumented, being out of status, or illegally residing in the United States
(collectively "undocumented").
(4) Where presentation of a Minnesota driver's license is customarily accepted as
adequate evidence of identity, presentation of a photo identity document issued by
the person's nation of origin, such as a driver's license, passport, or matricula
consular (consulate-issued document), or of a photo identity document issued by
by any Minnesota county, shall not subject the person to an inquiry into the
person's immigration status. This paragraph does not apply to I-9 forms.
(b) General city services defined. General city services shall mean a11 city services excepting
those services specifically listed as public safety services in section 44.03
(c) Supervisors of general city services employees shall include inforxnation regarding the
City's policy and expectations as set forth in this ordinance in the orientation of new employees
and as part of their employees' on-going in-service training.
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(d) City attorney's office - civil division employees may investigate and inquire about
immigration status when relevant to potenrial or actual litigation or an adininistrative proceeding.
4 44.03. Public safety services. (a) To the extent permitted by law, in providing public safety
5 services, employees of the police and fire departments, and the city attorney's office - criminal
6 division, (collectively, public safety officials), shall be governed by the following requirements:
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44
�)
(1) Public safety officials may not undertake any law enforcement action £or the sole
purpose of detecting the presence of undocumented persons, or to verify
immigration status, including but not limited to questioning any person or persons
about their immigration status.
(2) City attorney's office - criminal division employees shall be permitted to:
a. Inform persons of the possible immigration consequences of a guilty plea.
b. Question and conduct cross-examination of a witness or defendant
regarding iznmigration status.
c. Inquire about immigration status for purposes of bail or conditional
release.
�
e.
Investigate and inquire about immigration status when relevant to the
potential or actual prosecution of the case or when immigration status is an
element of the crime.
Take immigration status and collateral effects of possible deportation into
consideration during discussions held for the purpose of case resolution.
(3) Public safety officials may not question, arrest or detain any person far violations
of federal civil immigration laws except when immigration status is an element of
the crime or when enforcing 8 U.S.C. 1324(c).
(4) Nothing in this ordinance shall prohibit public safety personnel from assisting
federal law enforcement officers in the investigation of criminal activity involving
individuals present in the United States who may also be in violation of federal
civil immigration laws.
(5) Nothing in this ordinance prohibits public safety personnel from adequately
identifying criminal suspects or assessing the risk of flight of criminal suspects.
� Where roresentation of a Minnesota driver's license is customarily accepted as
adequate evidence of identit�presentation of a photo identity document issued by
the person's nation of origin, such as a driver's license, passport, or matricula
consular (consulate-issued documentl, or of a photo identity document issued bX
by any Minnesota countv, sha11 not subject the person to an inquiry into the
person's immigration status.
All such use of city public safety personnel under 44.03(a)(3) and (a)(4) shall be
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1 documented, including any applicable Homeland Security mission statement and operational
2 guidelines, the reason for the dispatch of personnel, the name of the Homeland Security agent in
3 charge, and the name of the officer authorizing the use of city personnel.
4
0
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(c) Supervisors of public safety officials shall include information regarding the City's policy
and expectations as set forth in this ordinance, in the orientation of new employees and as part of
theu employees' on-going in-service training.
44.04. Complaints and discipline.
(a) An employee of the city who violates this ordinance may be subject to disciplinary action,
such as oral reprimands, written reprimands, suspension without pay, and dischazge, under the
appropriate union contract, civil service commission rules, or department work rules.
b� Complaints of a violation by an em l�oyee of the St. Paul Police Department shall be
received and investi�ated bv the Police Internal Integrity Assurance Unit and forwazded to the
Police Civilian Review Commission. Complaints of a violation of this ordinance bv an
emplovee of any other city department shall be received and investigated by the Director of the
Office of Human Resources. The results of an� such investigation shall be provided to the
complainant in writing within 90 days of receipt of the complaint. Complainants and witnesses
shall not be asked to provide their immigration status at anv point durine the complaint process,
and no investigation of the immieration status of the complainant and witnesses shall be made by
any citv personnel in the investieation of such a complaint or thereafter.
� fbj It shall not be a violation of this ordinance to require the completion of I-9 forms er ta
b •
d
(�s) The St. Paul Office of Human Resources, in consultation with the Police Civilian Internal
Affairs Review Commission and affected communities, shall prepare and file in April of each
year with the City Council and the Mayor an annual report and recommendations regarding the
implementation of this ordinance.
44.05. Subpoena. Nothing in this ordinance prohibits city employees from responding to a
properly issued subpoena.
44.06. No Intent to Create Private Cause of Action. Nothing in this ordinance is intended to
create a private cause of action for violations of this ordinance.
44.07. Severability. If a section of this ordinance is found to be invalid for any reason, the
remaining sections of the ordinance shall continue in full force and effect.
Page 4 of 5
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1 Section 2.
2
3 That this ordinance shall become effective thiriy (30) days after passage, approval and
4 publication.
5
Requested by Department of:
By:
Form Approve y City Attorney
By: � l c3�(`J �
/�� Approved by Mayor for Submission to Council
BY� /' /�l.�/Jla � L,�Sd!- J � By:
Approved�y Mayor�: Date /y/�jfA �/ ��G
By:
� _ .,
;.'�, �. � f �
Adopted by Council: Date �(�Q�
Adoption Certified by Council Secretary
ililMtNI/OFFICE/CWNCI� DATE,UlR1ATW
CIT'Y COUNCII, March 17, 2004
TACTPERSONgpHONE
Councilmember Pat Hazris 6-8630 ��
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
o�i- 3�b
No 205151
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❑ Wratlat�sasrurt� ❑
(CLJP ALL LOCATIONS FOR SIGNATURE)
An administrative ordinance establishing procedures for ciTy employees relarive to the immigation status of persons seeking city employment
or services.
PLANNING COMMISSION
CIB CAMMIITEE
CIVIL SERVICE CAMMISSION
TRANSACTION
�Y)
RSONAL SERVICE CONTRACiS MUST ANSWER iHE FOLLOWING QUESTIONS:
Has this perw�rm evet xarked under a coMract far this departmeM?
VES NO
Has this peisoMrm ever been a city empbyee?
YES NO
Does this persarKrm possess a skili not normally� by any curte�R city empioyee'+
YES NO
Is this persoNfirm a tarpetetl veMOn
YES NO
COST/REVENUE BUDGETED (CIRCLE ONE)
YES NO
SOURCE ACTNITYNUMBER
INFORMAiION (EJ�IqIN)
����
COUNCIL ON ASIAN-PACIFIC MINNESOTANS
�j$ CED.AR STREET, SUITE 1�0 tel: 6j1.296.0538
Sni�r PnUL, MN 55155 {ax: 6>1.297.s73>
www.s�ace,mn. us/ebranch/capm/
Apri128, 2004
Council Members
City of St. Paul
City Hall, Room 320
St. Paul, MN 55102
Re: Testimony in Support of the Separafion Ordinance
Deaz Council Members:
My name is Kao Ly Ilean Her. I am the Execurive Director for the State Council on Asian-
Pacific Minnesotans, which is a state agency that works on behalf and for the benefit of the
Asian Pacific community. Tn my tenure at the Council, I have had ample opportunity to get to
know and understand the issues that are behind the creation and need for this ordinance. Thus
today, I come before you to state my strong support for this ordinance, to share with you my
reasoning for doing so, and to urge you for your support and successful passage of the ordinance.
In all honesty, there are many members in the Asian Pacific community who here without proper
status. Pll not deny this point. I know many of these illegal immigrants and many of them have
strong ties here in the State. They have families and friends here and over the yeazs they have
become community members. Most of them work and are actively invoi ��d in the lives of their
families, churches, and community. Most of them are law abiding and good people.
The only difference between them and us is their fear that one day their immigration status wi11
be discovered and that they will lose it all. They are imprisoned by their feaz. It makes them
vulnerable to those that will take advantage of them and keeps them separated from the
protection of the state that should be theirs.
For example: I know of a young girl brought here as a mail arder bride. Unfortunately for her,
she did not meet love here. Soon after her arrival she was forced into prostitution far survival.
Her husband took her passport and did not file for her to stay on is the US as a permanent
resident. She did not want to call the police for help. She thought they would discover her
immigration status and deport her or worse imprison her.
I also know of a man who worked hard at his job, but suffered racist comments and jokes from
his supervisor and was passed up for promotions many times. He did not want to complain to
human resources or fi1e a discrimination claim because he feazed his iliegal immigration status
St. Paul City Council
Apri128, 2004
Page 2 of 2
would come up and he would be deported. What's a little discrimination when you can have a
steady income?
I also know of a woman in her mid-thirties who was so badly burned in a house accident, but
because of her immigration status, she never called the fire department or the police to her house.
She did not seek medical help. Instead she cleaned her wounds as best she could and went to bed.
It was only after relatives found her three days later that they took hez to the hospital.
We, those of us that aze in social services, lrnow that should any of these people speak out they
would most likely have received help. But there are many who believe that illegal immigrants
do not deserve these types of help and protection. That because they are illegal immigrants they
should be denied medical assistance, education, protection from an abusive spouse or parent... ]
for one do not believe this. IIlegal immierants are still human beings and if we are to value the
human spirit then we should protect it even if iYs a minimum standard, i.e., emergency medical
assistance, food shelves, clothing, and shelter.
Now immigration is a federal issue and the federal govemment has set up a complex system and
structure to deal with illegal immigrants. For sure this system does not always work well, but I
believe it does the job it is set up to do. Let the federal govemment do its job and let the police,
human rights departments, hospitals, schools, etc... continue to do their job in assisting and
helping people, all people. The need to keep illegal aliens out of the US and the need to protect
people from crime and other unlawful acts must be balanced. This ordinance wiIl offer that
balance.
Thank you for your time and considerarion of this important ordinance and I hope that you all
move to adopt it. If you have questions, please call me at 651.296.0538.
Sincerely,
����2�� l�
K. Ilean Her
Executive Director
o� -���
Somali Justice Advocacy Center
1050 Selby Avenue St Paui MN 55012
Ph. 651-917-0383. FaY. 6751-917-0379
Council: President Dan Bostrom
Re: INSlPoiice Separation
Dear President:
On the behalf of the Somali immigrant in the State of Minnesota, the Office of the Somali Justice
Advocacy Center is deeply concemed about the Justice Department to try to deputize the Iocal
police force to act as an agent for Immigration Department.
The Office of the Somali Justice Advocacy Center has a very good working relationship with the
St Paul Police Department, and therefore can point out the fact the Poiice in S4 Paul is
exceptionally professional.
The Center's main concern is this attempt will create fear in the hearts of immigrants to report
crimes to the Police Department. Such ordinance of separation is important safeguard against
improper use of information about immigration status that city empioyees may obtain in the course
of their work.
Because of the recent increase of the Somali immigrants in the city of St Paul, this particular issue
is a great importance to us.
The office of the Somali Justice Advocacy Center is committed in working with you in improving
the life of everyone in the city of St Paul.
Thanks
O ar Jamal
f�av,Aa�
ecutive Director
Somaii Justice Advocacy Center
Dahir M. Jibreei
�xlnw�C.'b�
the Chair of the Board
Cc: Council Member Debbie Montgomery
Council Member Dave Thune
Council Member: Pat Harris
Council Memebr: Jay Benanav
Council Member. Lee Helgen �
CD�NInI �,��,bt�: K 4�, r �n
CouncflFile# 0 `���
Ordinance #
Green Sheet # `#' � � �
Presented By
Referred To
�
Committee Date :
An ad nistrative ordinance establishing procedures for city
employe relative to the immigration status of persons seeking
city emplo ent or services.
IIY:1�1
THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the Saint Paul
to read as follows:
CHAPTER 44. EMPLOYEE
ve Code be amended by adding thereto a new Chapter 44
IN IMMIGRATION MATTERS
44.01, Purpose and policy statement. This o inance clarifies the communication and
enforcement relationship between the city and th United States Department of Homeland
Security ("Homeland Security") and other federal a encies with respect to the enforcement of
civil immigration laws. The city works cooperativel with Homeland Security, as it does with all
state and federal agencies, but the city does not operate �ts programs for the purpose of enforcing
federal immigration laws. Homeland Security has the le authority to enforce immigration
laws in the United States, in Minnesota and in the city. It i the policy of the city to respect the
role of Homeland Security by avoiding pro-active enforceme t of civil immigration laws. This
ordinance is not intended to limit the proper enforcement of ge erally applicable laws. It is the
policy of the City of St. Paul that all residents are equally entitle to protection and that all
residents should be able to access city services to which they are e'tled, without regard to their
immigration status under federal law.
44.02. General city services. (a) To the extent permitted by law, in dete 'ning eligibility for,
and providing general city services, city employees shall be governed by the ollowing
requirements:
(1) City employees are to carry out their regular duties for the purpose
administering general city services and program. Employees may co lete I-9
forms, may question a person regarding the I-9 form and documents su orting
the I-9 form, and may allow Homeland Security to audit the I-9 forms as lowa
by law. With the exception of inquiries allowed by law or as necessary for w
ORDINANCE
OF SAINT PAUL, M
�
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44
�2)
enforcement purposes, no St. Paul city officer or employee should inquire into the
inuxrigration status of any person or request any documents or information
verifying the iminigration status of any individual. Employees shall comply with
any properly issued subpoena for the production of documents or witnesses, even
if related to immigration issues or issues of Homeland Security.
employees shall foliow general city, state and federal guidelines to assess
eli ility for services. City employees shall only solicit immigration information
or in ire about immigration status when specifically required to do so by law or
progr idelines as a condition of eligibility for the service sought. City
employee may require evidence of a person's identity and may ask to see a
person's pe onal identifying documents only when specifically authorized and
required to d o by the employee's wark duties. Information about immigration
status in the po ession of or known to City employees and representatives,
however receive shall not be maintained or recorded except as otherwise
specifically require by law. The confidentiality of such information shall be
maintained to the ful st extent permitted by the laws of the United States and the
State of Minnesota, inc ding the obligation to maintain the confidentiality of
personal information un the Minnesota Govemment Data Practices Act. City
employees shall not discri 'nate against any current or potential service users on
the basis of any of the protec d categories listed in the city's human rights
ordinance, I.egislative Code C apter 183.02 (5), or on the basis of immigration
status.
(3) Other than complying with lawful s bpoenas, city employees and representatives
shall not use city resources or person el solely for the purpose of detecting or
apprehending persons whose only viol tion of law is or may be being
undocumented, being out of status, ar il gally residing in the United States
(collectively "undocumented").
(4) Where presentation of a Minnesota driver's 1 ense is customarily accepted as
adequate evidence of identity, presentation of hoto identity document issued by
the person's nation of origin, such as a driver's 1 ense, passport, or matricula
consular (consulate-issued document), or of a pho , identity document issued by
by any Minnesota county, shall not subject the perso to an inquiry into the
person's immigration status. This paragraph does not piy to I-9 forms.
(b) General city services defined. General city services shall mean a city services excepting
those services specifically listed as public safety services in section 44.03
(c) Supervisors of general city services employees sha11 include informati regarding the
City's policy and expectations as set forth in this ordinance in the orientation of ew employees
and as part of their employees' on-going in-service training.
Page 2 of 4 C �, ��� 'v�
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City attomey's office - civil division employees may investigate and inquire about
ation status when relevant to potential or actual litigation or an administrative proceeding.
44.03. Pu lic safety services. (a) To the extent pemutted by law, in providing public safety
services, em oyees of the police and fire departments, and the city attomey's office - criminal
division, (coll tively, public safety o�cials), shall be governed by the following requirements:
(1) Pu 'c safety officials may not undertake any law enforcement action for the sole
purp e of detecting the presence of undocumented persons, or to verify
immigr 'on status, including but not limited to questioning any person or persons
about thei immieration status.
(2) City attorney' office - criminal division employees shall be pernutted to:
a. Inform p sons of the possible immigration consequences of a guilty plea.
b. Question d conduct cross-examination of a witness or defendant
regarding im igration status.
c. Inquire about i ' gration status for purposes of bail or conditional
release.
d. Investigate and in ire about immigration status when relevant to the
potenrial or actual p secution of the case or when immigration status is an
element of the crime.
e. Take immigration statu and collateral effects of possible deportation into
consideration during disc ssions held for the purpose of case resolution.
(3) Public safety officials may not quest n, arrest or detain any person for violations
of federal civil immigration laws exce t when immigration status is an element of
the crime or when enforcing 8 U.S.C. 1 4(c).
(4) Nothing in this ordinance shall prohibit pub safety personnel from assisting
federal law enforcement officers in the investi ' tion of criminal activity involving
individuals present in the United States who ma lso be in violation of federal
civil immigration laws.
(5) Nothing in this ordinance prohibits public safety person' el from adequately
identifying criminal suspects or assessing the risk of fligh f criminal suspects.
(b) All such use of city public safety personnel under 44.03(a)(3) and (� shall be
documented, including any applicable Homeland Security mission statement an operational
guidelines, the reason for the dispatch of personnel, the name of the Homeland Se urity agent in
charge, and the name of the officer authorizing the use of city personnel. ,
(c) Supervisors of public safety officials shall include information regazding the Ci s policy
and expectations as set forth in this ordinance, in the orientation of new employees and as art of
their employees' on-going in-service training. a,
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44.04. Complaints and discipline.
An employee of the city who violates this ordinance may be subject to disciplinary action,
as oral reprimands, written reprimands, suspension without pay, and discharge, under the
�priate union contract, civil service commission rules, or department work rules.
(b) hall not be a violarion of this ordinance to require the completion of I-9 forms ar to
inquire int or disclose the immigration status of the complainant or wimesses if necessary as
part of the in stigation of a complaint of a violation of this ordinance, or if deemed necessary by
the appointing thority in order to administer discipline for such violations.
(c) The St. Pau ffice of Human Resources, in cons�ltation with the Police Civilian Internal
Affairs Review Co 'ssion and affected communities, shall prepare and file in April of each
year with the City Coun '1 and the Mayor an annual report and recommendations regarding the
implementation of this or nance.
44.05. Subpoena. Nothing i this ordinance prohibits city employees from responding to a
properly issued subpoena.
44.06. No Intent to Create Priva
create a private cause of action for
of Action. Nothing in this ordinance is intended to
� of this ordinance.
44.07. Severability. If a section of this
remaining sections of the ordinance shall
is found to be invalid for any reason, the
in full force and effect.
2.
That this ordinance sha11 become effective thlr�ty (30) days after passage, approval and
publication. �
Adoption Certrfied by Council Secretary
Byc
Approved by Mayor: Date
By:
Requested b Department of:
By:
Form Appr li d by Cit Att s
By i
Approved by Mayor for Submi
By:
�17�� ��
to Council
Adopted by Council: Date